If you follow the legal issues that may have a great impact on your writing career, then you probably know about the history of the Orphan Works Bill which failed to pass last time but has again been introduced. This issue is important so I'm blogging here and on Sling Words about it.

The first alert was sounded by Jonathan Bailey of Plagiarism Today

What is an Orphan Work?

An orphan work is one that is believed to be protected by copyright law but whose owner can't be located. Anyone who wants to reuse such a work can't find the owner to ask permission from or contract with in order to use the piece. Therefore, the piece lands in a legal limbo - no one can use it or reproduce it because they may be sued for copyright infringement.

Supporters of Orphan Works legislation say this isn't what the ideals of copyright law intended. So the Copyright Office wants to draft new rules to make these orphan works available for use so anyone who wants to use them won't incur any legal liability.

The problem is what if you are a copyright owner, alive and well, but for whatever reason can't be contacted as the legal holder of the rights to a work. Can it be declared an orphan and you forfeit your rights? This is just one of the issues that may have to be confronted along with other dangers the Copyright Office may unwittingly create for creative copyright holders.

Draft Letter To Congress

Read more at Jonathan's blog to gain an in-depth understanding of the issue. If you agree with his points, copy the Plagiarism Today Draft Letter, make it your own if you are so inclined, and send it to your Representatives and Senators.

Most freelance writers write for clients, and the writing is usually some form of business writing. However, I know that many of you professional writers also dabble in fiction, usually short stories and essays, even if you've not published in that arena. Maybe you haven't even submitted before.

Here are a couple of freelance fiction writing opportunities for you if you'd like to try to broaden your horizons, if only to take a break from business writing.

These two listings are from Cindi Myers Weekly Newsletter. Usually, she reports on book markets, but sometimes she throws in other listings. If you'd like to subscribe to Cindi's newsletter: send a blank email with subscribe in the subject box (of course remove the spaces) to:

CynthiaSterling-subscribe @ yahoogroups.com

Market Listing #1
On the Bright Side is a new monthly webzine interested in humorous essays and short stories. Editors Gregg Winkler and Susan Taylor are open to all genres, from science fiction to romance, as long as you can make them
laugh.50-2000 words. Payment is 3 to 5 cents a word. Submission guidelines are available.

Market Listing #2
Horror Garage is an ezine that pays $30 for short, dark fiction. Read the profile of the magazine by D.L. Snell.

Reeves Rules
Always add to your skills. Remember the lessons of Who Moved My Cheese?

Just about everyone who visits Performancing and its blogs are in the business of online writing and publishing and/or freelance writing and publishing, either for themselves or for clients. Amazon's recent announcement that they would require all books produced by print-on-demand technology be printed by BookSurge should concern you.

Why worry?

Here's the announcement from Authors Guild which was sent to all its members on April 4, 2008. Since I'm a member of this watchdog for authors group, I'm happy to post it in its entirety, which they allow, so writers who aren't members can learn what the big deal is. And it is a big deal, especially for freelance writers who put together books for clients using POD technology and for small presses. Read on.

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AUTHORS GUILD INC. Statement

Last week Amazon announced that it would be requiring that all books that it sells that are produced through on-demand means be printed by BookSurge, their in-house on-demand printer/publisher. Amazon pitched this as a customer service matter, a means for more speedily delivering print-on-demand books and allowing for the bundling of shipments with other items purchased at the same time from Amazon. It also put a bit of an environmental spin on the move -- claiming less transportation fuel is used (this is unlikely, but that's another story) when all items are shipped directly from Amazon.

We, and many others, think something else is afoot. Ingram Industries' Lightning Source is currently the dominant printer for on-demand titles, and they appear to be quite efficient at their task. They ship on-demand titles shortly after they are ordered through Amazon directly to the customer. It's a nice business for Ingram, since they get a percentage of the sales and a printing fee for every on-demand book they ship. Amazon would be foolish not to covet that business.

What's the rub? Once Amazon owns the supply chain, it has effective control of much of the "long tail" of publishing -- the enormous number of titles that sell in low volumes but which, in aggregate, make a lot of money for the aggregetor. Since Amazon has a firm grip on the retailing of these books (it's uneconomic for physical book stores to stock many of these titles), owning the supply chain would allow it to easily increase its profit margins on these books: it need only insist on buying at a deeper discount -- or it can choose to charge more for its printing of the books -- to increase its profits. Most publishers could do little but grumble and comply.

We suspect this maneuver by Amazon is far more about profit margin than it is about customer service or fossil fuels. The potential big losers (other than Ingram) if Amazon does impose greater discounts on the industry, are authors -- since many are paid for on-demand sales based on the publisher's gross revenues -- and publishers.

We're reviewing the antitrust and other legal implications of Amazon's bold move. If you have any information on this matter that you think could be helpful to us, please call us at (212) 563-5904 and ask for the legal services department, or send an e-mail to staff@authorsguild.org.

Feel free to post or forward this message in its entirety.

Copyright 2008, The Authors Guild. The Authors Guild (www.authorsguild.org) is the nation's largest society of published book authors.

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The Takeaway Truth

A corporation never changes its business model unless there's a big reward in it for them.

If you've ever written a book and self-published it and want to sell through Amazon, this has HUGE implications for you. Have you checked with the small press you may use or the self-publishing companies like CreateSpace and Lulu and the others to see if they are going to have to change their POD partnerships?

I don't know if any other professional writing organizations have done anything yet about it, but I know the attorneys for Authors Guild are looking into it. On a grassroots level, I don't know if anything is being done or if anything effective can be done, but I do know this issue is of great importance to all of us who write for a living.

Tell others why this is important for you as a writer. Start a petition. Get behind your writing organizations. If you're not a member of Authors Guild but are eligible for membership, join. They are one of the few whose full-time job is to look out for writers best interests.

If you're writing in isolation without belonging to any writing organization, find one. Most of us are little fishes in a great big ocean, but together we are massive. Collective power is always greater than individual power. Think about it.

I was reminded of an important truth by Performancing blogger smperris with his recent blog Beginner's Perspective of SEO. Don't assume! (Remember the old joke about what assume makes?)

Don't assume what?

False Assumptions
Don't assume that everyone who reads Performancing blogs are expert or professional bloggers! I tend to make that assumption when in reality the reading audience here is composed of those who wish to learn as much as those who are old pros. I know I'm always urging others to check out the current blogs and the Archives at Performancing if they wish to hone their blogging or other Internet writing skills or learn about monetization among other subjects.

Content That Speaks
So if we are to provide editorial sustenance for all readers, we must create content that speaks to all levels of proficiency. Sounds simple, doesn't it? Ah, as the Bard wrote, "That's the rub." Like so many things in life, it's easier to say it than do it.

Here are 5 ways I think a writer can create content that educates the beginner AND entertains the pro thus keeping both the beginner and the pro glued to the page or the screen.

5 Ways To Educate And Entertain
1. Write with a compelling voice that makes the reader feel as if they're having a great conversation with the writer. That way, they read the words, not skim the copy, because they're afraid they'll miss something entertaining.

2. If possible, punch up the copy with something unexpected. In the article above, I quote Shakespeare. That's a bit unexpected for a blog about blogging. You might throw in a humorous quotation, something that will pull a grin from the reader.

3. Use numbered lists. Readers love this because psychologically they feel as if they're getting step by step help in an area. Even pros will read lists because they're always looking for new ways also. Both groups are right. Sometimes, another writer's numbered list really knocks the old ball over the fence!

4. Use metaphors and similes that speak to the audience's cultural experiences. In #3 above, I used a baseball metaphor because it's springtime which is baseball season and just about everyone understands a baseball home run. Sports allusions are great for male readers, but female readers understand them too. So don't be afraid to use sports, literary, political, or whatever-floats-your-boat metaphors and similes.

5. Reference what others have done. Don't be afraid to refer to what others have written on the same subject. Acknowledge the body of work that has already been created. Give links if possible like I linked to smperris's blog at the beginning of this article. Honor your fellow writers.

The Takeaway Truth
Always remember that different writers present the same information in different ways. Maybe you've read 100 articles on writing SEO content, but number 101 is the one where you really "get it." So don't be afraid to tackle a subject that's been done over and over because the way you write it may be the way that speaks to someone who really is looking for an answer. That's content that works in every way.

If you're into freelance writing, you've probably seen lots of job adverts that say: "Writing must adhere to Chicago Manual of Style." The style manual is what most periodicals, university presses, etc. use and was first published in 1906. The 15th edition, published in 2003, is the newest version to date.

If you're not familiar with the style format as delineated in this manual, you may have thought about purchasing a copy so you could learn. The print version of this venerable book is about $55.00. Whoa! That's a hefty part of the overhead for a freelancer.

Cheer up. You can get an online version for $25.00. Even better, it's where you can consult it as you need it i.e. "on the fly" as Managing Editor Anita Samen said. So you don't have to remember all those rules. (If you're like me, your brain is already overloaded and you need a few more gigabytes of ram in order to remember anything else.)

So getting access to the Chicago Manual of Style is easy.

If only it were that easy to order several gigs of "brain ram," we'd all be in good shape.

Some of you may have attended the "Quit Your Day Job and Vlog" session at South by Southwest, a happening event, as they used to say, in Austin, Texas. It was even written up in my Houston Chronicle this morning.

Unfortunately, as most of us know, the title of the panel discussion was a tad misleading since very few of us can afford to quit our day job and Vlog or Blog even. Look at the stats. Those who are making a living only from their own personal blog or vlog is minute.

Success stories
The presentation though offered inspiration with its four success stories, Lindsay Campbell (MobLogic), Zadi Diaz (Epic-Fu), Lisa Donovan (LisaNova), and Bre Pettis (Etsy). Pettis offered the best advice.

He offered 4 concrete suggestions. Two of them we've all heard often: publish frequently and own your own IP. The third is particularly applicable for Vlogging which is what they were talking about anyway. Make friends with musicians. (I have a list of those I'd love to add to my list of friends. However, I'm not holding my breath.)

Takeaway truth
The takeaway truth reminded me of the graduation address falsely attributed to Kurt Vonnegut: "Don't forget to use sunscreen."

Pettis said: "Take care of your teeth because not having insurance sucks and teeth are expensive."

Now that's profound, realistic, wise, and funny.

All at the same time.

One thing I've noticed in perusing lots of new blogs lately is that pertinent details often are left out. Remember those old 5 W's we were taught about in English composition long ago? Who, What, When, Where, Why, and don't forget to throw in How.

If you're writing a blog, stick those details in to orient the reader immediately. Don't assume the reader is on the same wave length as you. This is especially true if you're writing on the same topic that you plan to upload as a three-parter or whatever. It's like the television shows with ongoing story lines that show pertinent scenes of previous episodes. Sometimes a voice over says: "Previously on 24."

1. Who?
2. What?
3. When?
4. Where?
5. Why?
6. How?

The intelligent folks over at Pew Internet have the latest data on American reading habits in general and blogs specifically. I think it's interesting enough to pass along in case you don't hang out at PewInternet.org.

I first reported in Sling Words on American reading habits in 2005. Here's what the stats from the American Library Association, National Endowment for the Arts, and the Pew Internet & American Life Project said then:

2005 Stats

• Number of libraries in the US: 117,859
• American adults who read a newspaper each weekday in 2003: 54%
• Americans 16 and older who read at or below a 5th grade level: 20%
• U. S. Rank among 150 nations in literacy: 49th
• American adults who read novels or short stories in 2003: 45 %
• American adults who read a play in 2003: 4%
• American internet users who read blogs: 27%
• American internet users who do not know what a blog is: 62%.

I was blown away by these statistics. Why? Because it's always shocking to see such bad news in black and white, and the decline of literacy in this country is very bad news. Reading skill and reading activity are benchmarks for measuring literacy. It's scary to see this continue to drop.

Read the rest of this entry

I love the holidays and wish you all Seasons Greetings. I'm feeling particularly festive since I've almost concluded my writing contracts for December. I try my best not to contract anything so I can be "off" from Dec. 15 to Jan. 15 each year. Or as off as a self-employed person can ever be. That way I have plenty of time for decorating, cooking, parties, visitors, and a very personal writing project I do each year.

Eat, drink, and be merry.

Christmas is the time of year when I allow myself to cook, and eat, things I don't normally have in the house. Chief among these temptations is pralines.

Now if you're not from the South, you may not know about pralines. First, they're pronounced praw-leens, not pray-leens. Whatever you call it, a praline by any other name is still delicious, fattening, and irresistible. As long as it's made with butter, caramelized brown sugar, and tons of pecans. Oh, and that particular nut is pronounced puh-cahn. Not pee-cann. The latter is a vessel in which to collect urine.

"I can't imagine a world without pralines," cookbook author Nathalie Dupree wrote in Southern Memories. You just can't grow up in the south without learning how to make pralines, those yummy melt-in-your-mouth confections.

Holiday de-stressing ahead

During the holiday season, I slave more over a hot stove than a hot keyboard. I write The Reeves Review, my annual holiday newsletter complete with photographs, recapping the year for those relatives and friends I don't often see.

Put your art to work.

Since I'm a writer, I feel as if I should put my art to work. I also write either an essay or a short fiction piece to send. Last year I enclosed an article, The Twelve Days of Christmas: Christian Fact or Fiction along with the holiday letter.

If you are a writer or a craftsperson of any persuasion, have you created something original to go with your greeting cards or to send as a present? If not, consider doing it.

After all, nothing says “it’s the thought that counts” better than something created with one's own imagination and hands.

Since I seem to be doing so much blogging of late, I thought about an article I wrote a couple of years ago called BLOG: HOT TREND OR TIME WASTER.

In this article, I traced the history of the blog. Today, it's hard to imagine that some may not know what a blog is, but it's true. There's a big part of the world that still isn't wired in, and doesn't want to be.

If you know someone like that, and we probably all do whether it's a grandparent or a coworker who shuns the cyber world, here's a primer you can give them.

Blog, or Weblog for those who still may be unfamiliar with this online journal, falls under that “Good News-Bad News” heading.

Good News

The good news is that, used well, a weblog can be an effective business tool to promote your brand and foster name recognition and credibility as an expert. It's a social tool for building online relationships and communities.

Bad News

The bad news is that blogs can be addictive, as highly addictive as Free Cell, Solitaire, or Cubis. But far more entertaining.

Weblogs are defined as a web application which contains periodic posts on a common webpage. They're usually posted in reverse chronological order with the newest at the top.

History

In the beginning, way back in the early nineties, they were labeled web log to avoid confusing them with a server log. Several internet sources cite Jorn Barger as the creator of the term weblog in December 1997. Dave Winer, who runs the Scripting News weblog, states that Tim Berners-Lee at Cerner Corporation, a particle physics laboratory, created the first weblog. (If you’re interested, the content of this site is archived at the World Wide Web Consortium.)

Read the rest of this entry

Chris Garrett wrote Blogging What You Know last week. I'm usually so overwhelmed with writing projects that I'm always too late to Comment and add my two cents. But I like what he had to say so I thought I'd give my take on the subject.

Rules are interesting little critters, aren't they? I write quite often about rules, and about the breaking of rules, on Sling Words, my main blog.

Many years ago, the first so-called rule about writing that I learned was what all published writers and editors espouse: Write what you know.

I'm pretty sure all writers still hear this because I hear it when I pop into writers' conferences. I even say it when I teach workshops and classes.

Write what you know. Why? Because it gives authenticity to your words. By the way, this rule applies whether you're writing fiction or nonfiction, whether it's a book project or a blog on the web.

Now, people who don't write fiction think writing what you know doesn't apply. After all, you're just making it up. Right?

Wrong! In fiction, writing what you know means not only getting the facts straight on your information plot but also finding the underlying universal truth that is as real for an American as it is for an Italian or a Japanese. It's the honesty and recognizable truth that makes fiction come to life. And it's what will make an editor offer you a book publishing contract. One might even say that writing what you know - the emotions you feel when hurt, scared, angry, or happy - is even more important in fiction because without that truth, your fiction will never succeed.

Over the years, I've put my own spin on the "write what you know" rule. If you've read some of my writing how-to articles or taken a class or seen me giving a presentation at a conference, you've probably heard me say it this way: Write what you know OR WANT TO KNOW.

I truly think if you are interested enough in a subject to do the necessary research AND if you have the ability to articulately express ideas then you can write on a variety of subjects without necessarily being an expert.

I also know that if you want to learn something then teach it. Researching and writing about a subject is a form of self-education.

So don't be intimidated by not being an expert on a particular subject if it interests you enough to learn about it. Without realizing it, you'll become an expert. I know I have on any number of subjects that have fascinated me enough to land jobs writing about them.

You know, you never heard James Brown sing: "It's a writer's world." In fact, you never heard anybody sing or say that. We writers are the Rodney Dangerfields (picture Rodney adjusting tie knot and whining: I get no respect!) of the Arts.

Don't believe me? Just check out Harlan Ellison's rant on YouTube. When a writer of Harlan's stature gets treated that way, what hope is there for the garden-variety writer who isn't making big bucks?

Still, I can't think of anything I'd rather be doing. That's the problem with us. We do it because we love putting words together to represent the visions - sometimes imaginative, sometimes prosaic, but always creative - inside our heads.

Rant on, Harlan! Write on, writers!